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the Courts. The procedures are well defined. <br /> 4. Omit things that can be handled administratively by <br /> ordinance. <br /> 5. Keep the language simple and plain. Use declarative <br /> sentences so that people can read it. Keep the "language" <br /> gender neutral. <br /> 6. Apply the "what if test" . What if this happens - will the <br /> Charter cover it? <br /> 7. Don't dwell on the past. Look to the future. <br /> In reviewing this Charter, Mr. Kennedy found that there are some <br /> problems in Chapter 5 - Initiative, Referendum and Recall. <br /> Recall as specified in 5. 08 doesn't work. The Supreme Court has <br /> ruled that an elected official can only be removed for <br /> malfeasance. <br /> Initiative and Referendum - (5. 05 and 5. 07) indicates that any <br /> measure is subject to this process. The Supreme Court has said <br /> no. This would be chaotic and could bring government to a halt. <br /> The only things subject to Initiative and Referendum are <br /> "legislative acts" - things that must be done by ordinance. <br /> Policies and resolutions are not subject to this process. <br /> Mr. Kennedy noted what he perceived to be problems in the other <br /> sections as well. <br /> Section 4 . 04 - Special and Advisory Elections except for Elected <br /> Office. He believes this is the only Charter in the state that <br /> has this provision. <br /> Section 4 . 05 - Vacancy of Municipal Elected Office. He finds <br /> this section very hard to follow. <br /> If her were to offer a suggestion to clarify the newsletter <br /> issue, he would keep itsimple. He -would-recommendtheCharter <br /> be amended to require that: "The City Council must publish <br /> newsletters to inform the public" and leave the implementation to <br /> the Council. <br /> Mr. Kennedy indicated that there are three ways to amend the <br /> Charter: <br /> 1. Initiative of the Charter Commission <br /> 2 . Initiative of the City Council <br /> 3 . Initiative of the Voters <br /> 5 <br />